Dept. of State Proposes Increasing K-1 Visa Fees!

15. December 2009 by admin.

On December 14, 2009, the Department of State published a proposed rule in theFederal Register to increase the nonimmigrant visa application processing fees, alsocalled the Machine-Readable Visa (MRV) fee. The proposed rule also establishes a tiered structure with separate fees for different visa categories. 

The Department is proposing the increase to ensure sufficient resources to cover theincreasing cost of processing nonimmigrant visas (NIVs).  

The new tiered fee structure was created to cover the higher unit costs for processingcertain categories of nonimmigrant visas that are more complicated and require morein-depth consideration than most other categories of nonimmigrant visas

U.S. lawrequires the Department to attempt to recover the cost of processing non-immigrantvisas through the collection of the application fees. Because of ongoing process andsecurity enhancements, the $131 fee set on January 1, 2008 is lower than thecurrent, actual cost of processing non-immigrant visas. 

The proposed application fee for K visas for fiancé(e)s of

U.S. citizens would be $350.

If you are interested in applying for a fiancee or spousal visa for your foreign fiancee or spouse, please contact our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

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Fiancee Visa for Filipinos: Obtaining police records

2. December 2009 by admin.

Philippine-born immigrant visa applicants 16 years and over are required to furnish certificates issued by the National Bureau of Investigation (NBI).  The green NBI certificate annotated for travel abroad is the correct certificate.  Other colors are for local use only.  Foreign-born applicants who have resided in the Philippines for six months or more may be issued NBI clearances upon application either in person or by mail. Applicants should send requests for certificates together with certified checks or money orders for the fees and postage to the Philippine National Bureau of Investigation, Taft Avenue, Metro Manila, Philippines. The NBI has its own fingerprint charts and personal data forms that it will send to the requesting applicant for execution. Most applicants abroad find it more expeditious to have a relative or friend in the Philippines assist them in obtaining their certificates from the NBI. The applicant may also submit a copy of a prior NBI clearance to facilitate the processing of a new clearance. Posts are advised that not all arrests and convictions occurring outside of Manila are reported to the NBI. The Philippine criminal records database is not foolproof, and can be open to manipulation. Manila and major Philippine cities have computerized records. Fee: 150.00 pesos. Philippine Embassies abroad can assist Filipinos in obtaining NBI police clearances. 

If you would like to hire an attorney to assist with your K-1 fiancee or K-3 spousal visa, contact us at 626-771-1078 or visit us at www.myfianceevisa.com

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Fiancee Visa for Filipinos: Obtaining marriage and divorce certificates

2. December 2009 by admin.

Marriage certificates

Marriage Certificates are available at any National Statistics Office branch.  Procedures are similar to those for birth certificates.  CDLI endorsements apply to marriage Certificates also and should be requested.  These documents are available at any local NSO branch for a fee Marriage certificates can also be ordered on the website www.ecensus.com.ph.   The site accepts credit cards issued in the U.S., Japan, Europe, Australia, and Hong Kong.  There is a flat fee for each document of $20.  The fee includes shipping by courier to the delivery address abroad. Certified copies of originals can be obtained from the local civil registrar of the place where the marriage occurred.  Note: These are less preferred than Marriage Certificates issued by the NSO.  The NSO also issues Certificates of No Marriage (CENOMAR) certifying that an applicant was never married.  Certificates of Marriage (CEMAR) provide a chronological listing of all applicant’s marriages.   A CDLI endorsement should be requested. 

Divorce certificates

Certified copies of the divorce certificate can be obtained from the appropriate court.  NOTE: Divorce was recognized in the Philippines between March 11, 1917 and August 29, 1950; since the latter date, courts have been empowered to grant legal separation (annulment) but not divorce. Even during the period of legal recognition, divorces were rare in the Philippines because of limited legal grounds for granting divorces.

If you would like to hire an attorney for your K-1 fiance(e) or K-3 spousal visa application, speak with an attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

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Fiancee Visa for Filipinos: Obtaining birth certificates

2. December 2009 by admin.

Birth certificate for Filipino/Filipina applicants are available. Applicants may obtain birth certificates at any National Statistics Office (NSO) branch for a small fee.  Relatives in the Philippines may obtain these documents on behalf of the applicant which can be very convenient for the applicant.  The NSO can also provide an index of all children born to an applicant. 

Birth certificates can also be ordered on the website www.ecensus.com.ph.   The site accepts credit cards issued in the U.S., Japan, Europe, Australia, and

Hong Kong.  There is a flat fee for each document of $20.  The fee includes shipping by courier to the delivery address abroad. A certified copy of a birth registration (less preferred) may be obtained from the local civil registrar at the place of birth. Local Civil Registrar records are often incomplete and it is often necessary to augment local birth certificates with baptismal certificates.  “Affidavits from two disinterested persons” are generally considered unreliable but may be useful in cases where pre-war records are not locatable.  Frequently, certificates for births occurring since 1946 may also be obtained from the National Census and Statistics Office (NCSO), at the  NSO East Ave, Diliman,Quezon City, Philippines. Certificates of birth before 1946 are maintained at the National Archives Division at  T.M. Kalaw St., Ermita, Manila. Issuance of a birth certificate takes approximately five working days, for which there may be a fee, plus an additional fee if issuance is to take place within 24 hours, or if the document is to be printed on special security paper.

If you would like to hire an attorney for your K-1 fiance(e) or K-3 spousal visa application, speak with an attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

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Fiancee Visa for Filipinos: Obtaining documents while abroad

2. December 2009 by admin.

For Filipino and Filipina fiance(e)s working abroad, it can be challenging obtaining necessary government-authorized documents for submission to the USCIS in connection with a visa or green card application. Fortunately, the Filipino government has simplified the process through a web-based application. Applicants abroad can obtain documents from the National Statistics Office (NSO) through the “e Census” website www.ecensus.com.ph or by calling

NSO Information Center at (02)737-1111.   There are fees for these services. Documents from the National Bureau of Investigation (NBI) can be obtained from Philippine embassies abroad. Filipinos abroad are required to submit records of births, marriage and deaths to their embassy so they may be recorded with the NSO. If you need legal assistance with your K-1 fiance(e) or K-3 spousal visa application, speak with an attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

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Fiancee Visa for Filipinos: Obtaining documents for the K-1 visa

2. December 2009 by admin.

The following information may be useful for U.S. citizens and their Filipino/Filipina fiance(e)s as they gather documents in the Philippines for the K-1 fiance or K-3 spouse visas.

The National Statistics Office (NSO) is the central repository for civil records.  The National Bureau of Investigation (NBI) is the central repository for criminal records.  Local civil records in many localities in the

Philippines have been destroyed due to war and natural calamities.  Church records, while useful as secondary evidence, are frequently unavailable for the same reasons.  When a specific civil document is unavailable, it is advisable to obtain a certificate of non-availability from the National Statistics Office (NSO).  Local parishes usually issue similar certificates of non-availability. In the absence of primary and secondary evidence, substantiated by replies from civil or church authorities, affidavits from two persons who have personal knowledge of the birth, death, or marriage which is in question are generally accepted.

Documents issued by the NSO and the NBI are preferred.  These agencies have branches and outlets throughout the

Philippines.  Documents issued by these agencies are printed on paper with security features.  Documents from these sources are centrally registered and are considered more reliable than documents issued by local registrars.  Applicants should request certificates that are issued with a “CDLI endorsement” (Court Documents and Legal Instruments).  This endorsement shows any amendments to the original document from marriages, annulments, name changes etc.  Unless a CDLI copy is requested, the requester will receive the unamended or original copy of the document. 

If you need legal assistance with your K-1 fiance(e) or K-3 spousal visa application, speak with an attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

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Adjustment of Status Information: Flu vaccines and the I-693

2. December 2009 by admin.

The seasonal flu vaccine is one of the vaccines required for applicants for adjustment of status, 6 months through 18 years of age, and individuals ages 50 years or older. The receipt of the required vaccines is recorded on Form I-693, Medical Examination. Based on CDC’s information, Form I-693 may be accepted without the seasonal flu vaccine if the following conditions are met: The civil surgeon does not have the seasonal flu vaccine available; AND If Form I-693 is completed by a civil surgeon, the civil surgeon either has referred the applicant to the health department to obtain the seasonal flu vaccine, or has contacted the health department for the availability of the seasonal flu vaccine, but the health department does not have the seasonal flu vaccine available; AND The civil surgeon notates on the form, in the row for the seasonal flu vaccine of the vaccination chart, the following: “vaccine unavailable at health department” If the civil surgeon notates “vaccine unavailable at health department,” USCIS will grant a blanket waiver for the seasonal flu vaccine. Note that the form has to be properly annotated as shown above for the waiver to be granted or the form may be returned.

This is effective immediately and extends through March 31, 2010. Until further notice is given by CDC, the H1N1 influenza vaccine is not part of the vaccination requirements for purposes of Form I-693.

For assistance with filing an adjustment of status application, contact an attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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K-1 Visa in China: Obtaining a birth certificate

2. December 2009 by admin.

Proof of birth is available in the form of notarial certificates, which are secondary evidence. Notarial certificates of birth (Chu Sheng Gong Zheng Shu or Chu Sheng Zheng Ming Shu) for persons living in or recently departed from China are generally reliable, but are best used in conjunction with other evidence. They are most often based upon an AHHR, (Household Record) which is easily susceptible to fraud, especially in villages. Notarial birth certificates for persons long departed from China are most likely based merely upon the testimony of interested parties.

For more information, speak with an immigration attorney at 626-771-1078 or visit our firm’s website at www.myfianceevisa.com

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K-1 Visa in China: Obtaining required documents

2. December 2009 by admin.

Most of the documents that a Chinese fiance(e) needs to provide to the USCIS can be obtained from one of China’s Notarial Offices (Gong Zheng Chu). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates. Notarial offices are located in all major Chinese cities and in rural county seats. These offices are part of the Ministry of Justice structure, but are separate from the people’s court system.

Notaries in China do not perform the same functions as their American counterparts. Chinese notaries affix their signatures and office seal to certificates that attest to the probity of claims made by the applicants. By regulation, notaries are empowered to issue certificates only after they conclude that the applicant’s claims are true. Notarial certificates of birth, death, marriage, divorce, no criminal record and pre-1981 adoptions are, at best, secondary evidence of the events they purport to document. Although these certificates are secondary evidence, they are used because primary evidence is not standardized, is easily forged, and difficult to evaluate. Notarial certificates are easier to interpret than primary evidence and theoretically represent an expert judgment on the part of the notarial official as to the facts documented.

The certificates can be based upon primary evidence, secondary evidence, testimony of the applicant or other parties, or investigation by the notary. For most notarial certificates of birth or adoption, the primary underlying documentation is the household register (HHR) which appears to be extremely susceptible to fraud and manipulation, especially if the holder of the HHR lives outside of a major metropolitan area. Notarial certificates rarely cite the basis for their issuance.

If you need assistance filing a K-1 fiance(e) visa for a Chinese fiance(e), please contact an experienced immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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